Patricia Ennis - 14 February 2023

Patricia Ennis presented to Council at the Public Access Session on 14 February 2023.

Council's reply

  1. Inappropriate use of land very close to other residences.

    In general, the use of a property for a caravan park/camping ground requires development consent. As such the operation of a caravan park/camping ground at the premises requires  prior approval from Council and the provision of safe and healthy conditions and  appropriate facilities would be required as part of any such development.

    However, some small-scale camping activities do not require consent/approval. Such activity is limited to two tents or caravans for a maximum of two nights at a time for no  more than 60 days in any 12-month period.

    Where a complaint is received a Council Officer will investigate and the appropriate action  will be taken in accordance with Council’s Compliance Policy. Such action may include enforcement action.

    Council has recently developed a program to contact those property owners who have advertised on HipCamp advising them of their responsibilities, obligations and possible  consequences should they continue to operate without the appropriate Council consent or approvals.

  2. Erection of barbed wire.

    The barbed wire fence has been confirmed to be exempt development in accordance with the State Environmental Planning Policy (Exempt and Complying Development Codes), 2008 (Codes SEPP). Post and wire fencing can be installed as exempt development in certain rural zones and environmental protection zones including on land zoned C4. Whilst you are concerned about the impact on flora and fauna associated with usage of barbed wire fencing, it is not prohibited.

    The public access is not a well-defined track along uneven ground and should be used with caution.

  3. Position of barbed wire and gate is illegal.

    As the barbed wire fence is exempt development, Council is unable to instruct the property owner to remove it. The property owner does not require approval for the construction of  the fence on their property, nor where the entry points (gates) are located along the fence line. As indicated, Council would approve the style and type of fencing based on the legislation.

    It was identified that this fence was installed in line with the previous fence that was erected many years ago, however, had collapsed and was unrepairable and confirms the conversation with the owners that they had installed the fence in line with the original fence position. Council is currently of the opinion that the fence is on the owner’s property and will not be undertaking a survey.

  4. Protection of heritage tree and old quarry construction. 

    Council has also reviewed the matter regarding the heritage items listed on the property and has ascertained there is minimal impact on these items related to the barbed wire fence. Any future development in the location would be required to adhere to the NSW legislation and Eurobodalla planning controls.

    The details of any compliance action or investigation by Council are generally treated as confidential between Council and the person(s) involved. Enforcement action available to Council, where objective evidence of a breach of legislation by council’s authorised officer is identified includes, issuing Notices and Orders, Penalty Infringement Notices and/or prosecution at Court for more serious offences.

    Please note that Council also has limited resources and prioritises workloads and accordingly this matter has been investigated and I confirm previous advice provided on this matter is correct.